PRACTICE DIRECTION 74B – EUROPEAN ENFORCEMENT ORDERS
This Practice Direction supplements Section V of Part 74
|Rule 74.28 – Certification of Judgments of the Courts of England and Wales||Para. 2.1|
|Rule 74.29 – Applications for a certificate of lack of enforceability||Para. 3.1|
|Rule 74.30 – Application for rectification or withdrawal||Para. 4.1|
|Rule 74.31 – Enforcement of European Enforcement Orders in England and Wales||Para. 5.1|
|Rule 74.32 – An application for refusal of enforcement||Para. 6.1|
|Rule 74.33 – Stay or limitation of enforcement||Para. 7.1|
1.1 Certification and enforcement of European Enforcement Orders is governed by Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims.
1.2 The EEO Regulation can be found on the European legislation website. It was originally published in the official languages of the European Community in the Official Journal of the European Communities by the Office for Official Publications of the European Communities.
1.3 Section V of Part 74 sets out the procedure for enforcement under the EEO Regulation. A claim that does not meet the requirements of the EEO Regulation, or which the judgment creditor does not wish to enforce using the EEO Regulation, may be enforceable using another method of enforcement.
Rule 74.28 – Certification of Judgments of the Courts of England and Wales
2.1 An application under rule 74.28 for a certificate of a High Court or County Court judgment for enforcement in another Regulation State must be made using Form N219 or Form N219A –
(1) in the case of a judgment given in the Chancery or Queen's Bench Division of the High Court, or in a district registry, to a Master, Registrar or District Judge; or
(2) in the case of a County Court judgment, to a District Judge.
Rule 74.29 – Applications for a certificate of lack of enforceability
3.1 An application must be supported by written evidence in support of the grounds on which the judgment has ceased to be enforceable or its enforceability has been suspended or limited.
Rule 74.30 – Application for rectification or withdrawal
4.1 An application must be supported by written evidence in support of the grounds on which it is contended that the EEO should be rectified or withdrawn.
Rule 74.31 – Enforcement of European Enforcement Orders in England and Wales
5.1 When an EEO is lodged at the court in which enforcement proceedings are to be brought, it will be assigned a case number.
5.2 A copy of a document will satisfy the conditions necessary to establish its authenticity if it is an official copy of the court of origin.
5.3 If judgment is set aside in the court of origin, the judgment creditor must notify all courts in which enforcement proceedings are pending in England and Wales under the EEO as soon as reasonably practicable after the order is served on the judgment creditor. Notification may be by any means available including fax, e-mail, post or telephone.
Rule 74.32 – An application for refusal of enforcement
6.1 An application must be accompanied by an official copy of the earlier judgment, any other documents relied upon and any translations required by the EEO Regulation and supported by written evidence showing –
(1) why the earlier judgment is irreconcilable with the judgment which the judgment creditor is seeking to enforce; and
(2) why the irreconcilability was not, and could not have been, raised as an objection in the proceedings in the court of origin.
Rule 74.33 – Stay or limitation of enforcement
7.1 Unless the court orders otherwise, an application must be accompanied by evidence of the application in the court of origin, including –
(1) the application (or equivalent foreign process) or a copy of the application (or equivalent foreign process) certified by an appropriate officer of the court of origin; and
(2) where that document is not in English, a translation of it into English –
(a) certified by a notary public or person qualified to certify a translation in the Member State of the court of origin under Article 20(2)(c) of the EEO Regulation; or
(b) accompanied by written evidence confirming that the translation is accurate.
7.2 The written evidence in support of the application must state –
(1) that an application has been brought in the member state of origin;
(2) the nature of that application; and
(3) the date on which the application was filed, the state of the proceedings and the date by which it is believed that the application will be determined.